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Return to “I Got a Denial Letter, Now What???”
- Thu Oct 22, 2009 7:23 pm
- Forum: General Texas CHL Discussion
- Topic: I Got a Denial Letter, Now What???
- Replies: 43
- Views: 8492
Re: I Got a Denial Letter, Now What???
Congratulations. I am glad to hear that it worked out for you. I am also very glad to hear that they talked with you and worked it out without the expense of a hearing. That says something good about the DPS attitude, and is a pleasant change from what we often hear about any government agency.
- Sun Sep 27, 2009 10:14 pm
- Forum: General Texas CHL Discussion
- Topic: I Got a Denial Letter, Now What???
- Replies: 43
- Views: 8492
Re: I Got a Denial Letter, Now What???
Yes, you can successfully appeal the ruling. I know of many cases where JP's have overturned state agency rulings (well, TABC not DPS but the principal is the same). So yes, I think you should appeal.
My first advice is to ALWAYS get a lawyer when asking for a hearing. I would write the letter of appeal as soon as I could, even while waiting to contact Charles Monday. And I would definitely take him up on the offer to talk and get any advice you can.
I don't know how the new change in the law will work for you or not, but I can explain why there is a semantic difference between the terms. Texas has to look at other state's laws and terms as we understand them. In Texas, there are two types of deferred adjudication. One is where you plead guilty, get a temporary conviction, get a sentence to probation, and when you complete the probation, the final adjudication is changed to not guilty. This has always counted as a conviction in Texas for CHL purposes because the law defines conviction as "any adjudication" of guilt, even if later dropped. There is also a form of deferred adjudication which is also called court diversion. In this case, the case never gets to a court to be heard. The DA and your defense attorney work out an alternate corrective setting and that is what the judge approves. Completing those terms result in a not guilty finding and the case is dismissed.
I doubt that I would bring up the fact that you were able to purchase a firearm. The NICS checks are notoriously incomplete on old records (before everything was so computerized) and someone may claim you should not have been able to buy the guns, thus putting you in the position of being a felon in possession of a firearm. The laws will interpret the case differently, but this may be a step you don't need to go through. Listen to your lawyers on this though, as they will know the tactics better than I do.
My first advice is to ALWAYS get a lawyer when asking for a hearing. I would write the letter of appeal as soon as I could, even while waiting to contact Charles Monday. And I would definitely take him up on the offer to talk and get any advice you can.
I don't know how the new change in the law will work for you or not, but I can explain why there is a semantic difference between the terms. Texas has to look at other state's laws and terms as we understand them. In Texas, there are two types of deferred adjudication. One is where you plead guilty, get a temporary conviction, get a sentence to probation, and when you complete the probation, the final adjudication is changed to not guilty. This has always counted as a conviction in Texas for CHL purposes because the law defines conviction as "any adjudication" of guilt, even if later dropped. There is also a form of deferred adjudication which is also called court diversion. In this case, the case never gets to a court to be heard. The DA and your defense attorney work out an alternate corrective setting and that is what the judge approves. Completing those terms result in a not guilty finding and the case is dismissed.
I doubt that I would bring up the fact that you were able to purchase a firearm. The NICS checks are notoriously incomplete on old records (before everything was so computerized) and someone may claim you should not have been able to buy the guns, thus putting you in the position of being a felon in possession of a firearm. The laws will interpret the case differently, but this may be a step you don't need to go through. Listen to your lawyers on this though, as they will know the tactics better than I do.